Listen to the other parent's questions and the witness's answers, and make note of anything you want to question the witness further about. Stick to the facts and avoid emotional outbursts or accusatory statements. You also can brainstorm with them and ask them questions you think the other parent might ask, since they will be subject to cross-examination. Witnesses you might use include any evaluator or guardian ad litem appointed for your child, and any social services workers or counselors who have worked with your child and will support your case. Leave your cell phone or other electronic devices at home or silence them so they don't make noise and disturb the court. It is hard for them to grasp … Be ready for the court to ask for your child's input and take that into consideration when deciding on the appropriate custody arrangement. Remain polite, whatever the judge says, and refrain from openly disagreeing or protesting the judge's decision. Divorce is a difficult time for children. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. By using our site, you agree to our. Proper courtroom attire should never be overlooked. Work with your lawyer to determine what documents to bring to your child-custody hearing and whether your own personal records will be admissible. They may suggest that you bring a detailed phone log, annotated visitation schedule, proof of child-support payments, and other notes. Determining the Best Interests of the Child. Keep helping our community readers, you inspire a lot of people around the world. Going to your first child-custody hearing can be scary, especially for parents who are unfamiliar with the process. Talk Negatively About Your Ex. You might also consider including photos, or audio or video recordings, as evidence. Although you don't necessarily have to wear a suit, you should dress in clean, conservative clothing. In some jurisdictions, you may have more than one hearing. If the other parent calls any witnesses, you'll be able to ask them questions after the other parent has finished. wikiHow is where trusted research and expert knowledge come together. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. Don't bring your children. Reading up on the latest laws can also help you prepare a list of questions to ask your lawyer as your court date approaches. By using Verywell Family, you accept our, Understand Your State's Child-Custody Laws, Your Most Commons Child Custody Questions, Answered, Win Child Custody by Showing the Courts That You're the Better Parent, The Appropriate Way to Dress for a Child Custody Case, Overcoming the Obstacles of Gaining Sole Custody of Your Kids, How to Win a Child Custody Battle in Court, How to Go About Appealing a Child Custody Ruling, Use These Pro Se Custody Tips When Representing Yourself in Court, What to Expect During Child Custody Proceedings, How to Have Alternatives and Modify Your Family's Visitation Schedule, 10 Tips to Help Fathers Win Custody of a Child, 5 Tips to Help You Prepare for a Successful Child Support Hearing, How Parents Can Find a Good Attorney for Child Custody Hearings. It made me understand things better and be prepared for my child custody hearing. If you're answering a petition, you only have a limited period of time, typically around 30 days, to file your response with the court. What Not to Do. Children's Bureau. If your hearing also includes a determination of child support, you'll need to fill out the court's child support worksheets and documentation of your income including recent pay stubs or copies of your tax returns. While it is always best to be able to depose... Know your Standards for Admissibility. Reschedule Your Time With the Kids. Speak only to the judge (or a witness, if you're questioning him or her), and only when asked to speak. You can't complete service yourself. Jennifer Mueller is an in-house legal expert at wikiHow. 6 Tips to Help Prepare for Your Child Custody Hearing, Ⓒ 2020 About, Inc. (Dotdash) — All rights reserved, Verywell Family uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Parents seeking to win custody should know what to expect in advance so that they can best be prepared and anticipate each step of the process. She received her JD from Indiana University Maurer School of Law in 2006. Get expert tips to help your kids stay healthy and happy. Last Updated: March 29, 2019 Move in with a significant other. There are 29 references cited in this article, which can be found at the bottom of the page. In addition to working closely with your child-custody lawyer, use the following tips to prepare for your custody hearing. You only get one chance to make a good first impression on the judge. However, with just a little advanced planning, you can present a convincing case and win child custody. Likewise, if you don't know the answer to a question, don't be afraid to say that you don't know. If you don't meet that deadline, you lose the opportunity to tell the court you disagree with the other parent's proposed plan. Generally, whenever you file any document with the court, you also must make sure that the other parent gets a copy of it. Usually formal, conservative clothing that sends the message "I'm a responsible adult.". Listen to the other cases or review your own paperwork until it's your turn to present your case. This standard involves weighing many factors and has lots of room for judicial discretion. % of people told us that this article helped them. You will have the right to appeal the order, but it won't be decided by a jury.. Although procedures and rules of evidence are more relaxed, you should bring documents with you that support your case and come with several parenting plans to present as options. Michigan Custody Guideline. Child-custody hearings tend to be less adversarial or combative than other types of court cases. Hire an experienced family law attorney – Your lawyer can help you better understand the process … Child custody laws vary from state to state, so one of the first things you need to do is become familiar with the laws in the state where your custody hearing will be held. If you're representing yourself, practice with your witnesses before the hearing so you feel comfortable asking them questions. Updated March 2016. So talk to your lawyer about what to wear to ensure you present yourself in the very best light. "It's very helpful, I like it. Depending on the jurisdiction, there may be a form you can fill out to answer the petition included in the papers you received from the other parent. 6 Tips to Help Prepare for Your Child Custody Hearing Understand Your State's Child-Custody Laws. If you're not sure if a witness will show up to your hearing, you can have the court issue a subpoena. Please help us continue to provide you with our trusted how-to guides and videos for free by whitelisting wikiHow on your ad blocker. Thank you, {{form.email}}, for signing up. Understanding the process and what is expected of you can help make the hearing less stressful. References. Above all else, the easiest way to lose custody is to behave without the … You can get a sheriff's deputy or a private process serving company to complete service for a small fee. Thanks to all authors for creating a page that has been read 21,736 times. Reviewing this log can help you see patterns you may not have noticed otherwise, enabling you to craft a parenting plan with your child's best interests at heart. However, avoid asking a question if you don't know what the answer will be. How to Take a Child Custody or Visitation Case to Court. Misuse Alcohol or Drugs. Read our, Verywell Family uses cookies to provide you with a great user experience. Include any instances of disciplinary action you needed to take, as well as rewards for good behavior.